De facto law minister Rais Yatim said in parliament today that the concepts of 'rule of law' as well as 'rule by law' were practised in Malaysia with adjustments to suit the country's characteristics.

"One of the maxims by Rosenhoff, a well-known jurist, states that the 'rule of law' is a concept based on the balance of power and administration which focuses on achieving justice for all.

"But this is a universal view and needs to be adjusted and moulded in order to fit the characteristics of an individual country," Rais said when answering a question fielded by Wan Junaidi Tuanku Jaafar (BN- Batang Lupar) on where Malaysia stood in terms of 'the rule of law' and 'rule by law' concepts.

Rais said many countries including Malaysia's neighbours practised both concepts in meeting the needs of emergency and security laws.

'Rule of law' was the central theme of the country's legal foundation and its tenets were found in Articles 121, 122 and 8 of the Federal Constitution, he added.

Rais, who is minister in the prime minister's department, said all parties must abide by these Articles to ensure that Malaysians enjoy the protection of judicial and law enforcement agencies.

IBA report unfavourable

Earlier, Lee Kah Choon (BN-Jelutong) inquired about the government's plans to improve the administration of justice in Malaysia following an unfavourable report last year by the International Bar Association (IBA).

To this, Rais said the government would study with an open mind all views and criticisms, both from within and outside the country, on matters of governance particularly those involving judicial matters.

"We are confident that the administration of justice in Malaysia is not threatened. Any suggestions and programmes that will be carried out by the government will be according to the circumstances and needs of the people," Rais said.

The IBA, an organisation representing more than 2.5 million lawyers worldwide, had jointly produced a report entitled "Justice in Jeopardy: Malaysia in 2000" with the International Commission of Jurists, the Commonwealth Lawyers Association and the Union Internationale des Avocats.

Among other things, the report called on the Malaysian government to recognise and not interfere with judicial independence.

The report also said the Malaysian government should not threaten the autonomy of the Malaysian Bar Council and should act to repeal the Internal Security Act and the Sedition Act.